Milestone for Muslims

COURT: CABINET MUST FINALISE LAW THAT RECOGNISES THEIR MARRIAGES

Women have suffered and continue to suffer serious prejudice, says body.

Western Cape High Court Judge Siraj Desai slammed government for not recognising Muslim marriages yesterday. He then ordered the state to introduce legislation recognising the marriages in the next two years.

The Women’s Legal Resource Centre (LRC) in Cape Town had taken government to court over what it described as limited privileges for Muslim women as compared to other marriages.

The centre argued that since Muslim marriages are currently not recognised by government, it becomes difficult for women to claim anything should the couple decide to divorce.

In his judgment, Desai said President Cyril Ramaphosa and his Cabinet failed to fulfil their constitutional obligations.

“It is declared that the state is obliged by section 7[2] of the constitution to respect, protect, promote and fulfil the rights in sections 9, 10, 15, 28, 31 and 34 of the constitution by preparing, initiating, introducing, enacting, and bringing into operation, diligently and without delay as required by section 237 of the constitution, legislation to recognise marriages solemnised in accordance with the tenets of Sharia law [Muslim marriages] as valid marriages and to regulate consequences of such recognition,” said Desai.

Should the state fail to enact legislation, any marriage concluded in terms of Sharia law and which subsists at the time this order becomes operative, may be dissolved in accordance with the Divorce Act 70 of 1979, with all the provisions of the Divorce Act applying.

The court also made provisions for the dissolution of polygamous Muslim marriages.

Desai also ordered the departments of justice and home affairs to pay the legal costs of the Women’s Legal Centre application.

The centre said their decision to intervene was taken because “Muslim women have suffered, and continue to suffer, serious prejudice in marriages as a result of the state”.

It said: “We are encouraged by the court’s decision to compel the government to take steps to ensure that the rights of women in Muslim marriages are realised.

“We celebrate this victory and hope that the state take steps to comply and make what the judgment envisages a reality for women in Muslim marriages.”

The Muslim Judicial Council welcomed the decision, calling it “a milestone for Muslims as a minority in South Africa”.

The council’s second deputy president, Shaykh Riad Fataar, said: “We would like to remind the president that he can make his mark in history by recognising the Muslim community in their marriages – which is long overdue.”

President, cabinet failed to fulfil their obligations